The Petition (H) The State's Response (H)
On 28 June 2007, the Supreme Court of Israel heard a petition filed by Adalah on 24 June 2007, demanding the issuance of an order for the immediate reopening of the Karni Crossing, which was closed by Israel on 14 June 2007. The Karni Crossing is the main entry point for the supply of foodstuffs and other essential goods to reach the residents of Gaza, and its closure has led to a dangerous shortage of basic provisions. Karni Crossing, along with the other crossings linking Gaza to the outside world, was closed due to clashes between Palestinian factions in Gaza, which have ended.
During the hearing, the state argued that it is providing for the vital needs of Palestinians in Gaza and that the petition was submitted prematurely, as Gaza is not suffering from a humanitarian crisis. Adalah Attorney Fatmeh El-‘Ajou argued that the arrangements called for by the Israeli army do not fulfill the needs of civilians in Gaza that would allow them to conduct their lives in a natural manner. The Supreme Court accepted the state’s position, but asked Adalah to submit an amended petition within ten days, because of the expectation that a shortage of raw materials in Gaza could lead to a humanitarian crisis there. The Court also ordered the state to file its response to the amended petition within fifteen days, and to detail the arrangements made in order to provide for all of the vital needs of the residents of Gaza.
The state claimed that the Karni Crossing is closed due to the lack of the possibility of coordinating with the Palestinians, which increases the threat to the state’s security. In response, Attorney El-‘Ajou argued that the state’s concerns do not justify the crippling of the lives of over 1.5 million Palestinians in Gaza, and that it is the state’s duty to find appropriate ways of reopening the crossing in order to provide residents with normal living conditions, which is the basic right of all human beings. Adalah stressed that as Israel controls all of Gaza’s borders, it cannot turn the population of Gaza into hostages of the situation.
In the petition, Adalah provided statistical information regarding the deteriorating humanitarian conditions in Gaza, where over 80% of the residents live below the poverty line (living on less than US$ 2.1 per day), and over 1,100,000 people receive food aid from international organizations. The United Nations’ Office of the Coordination of Humanitarian Affairs (OCHA) in the Occupied Palestinian Territory, which operates in Gaza, issued a report on the humanitarian situation in Gaza, warning of the severe lack of foodstuffs that could develop over a period of two to four weeks unless Karni Crossing is opened. The report states that some neighborhoods in Gaza have run out of meat and milk. According to estimations by the United Nations’ World Food Programme and the Association of Manufacturers in Gaza, basic foodstuffs such as wheat, sugar, rice and oil will be used up within four weeks, noting that the price of wheat rose by 40% and the consumption of wheat increased by 350% as a result of the anticipated shortage. According to OCHA’s report, the reserve of wheat held by the United Nations Relief and Works Agency (UNRWA) will be used up within ten days. The remaining stores of food supplied by other food agencies will run out within seven days if the import of these goods is not resumed immediately.
In the petition, Adalah argued that, according to the Agreement on Movement and Access signed between Israel and the Palestinian National Authority in November 2005, Israel is obliged to allow 400 trucks to enter into Gaza every day. However, since the closure of the border crossings Israel has allowed passage into Gaza to only twenty trucks, including ten trucks on 21 June 2007 conveying a cargo of wheat and oil donated by Jordan. This quantity does not approach the quantity stipulated in the agreement, and certainly is not sufficient for feeding the residents of Gaza.
Adalah further argued that the closure of Karni Crossing and not supplying the residents of Gaza with basic foodstuffs and other essential provisions violates their human rights, including the rights to life, health and to an adequate standard of living. Israel continues to control the border crossings that link Gaza to the outside world. Therefore by closing Karni crossing and preventing the residents of Gaza from conducting their lives in a natural manner, Israel is in violation of its duties under international humanitarian law and in breach of international human rights conventions to which it is a signatory. Similarly, the arbitrary closure of the crossing also violates Israeli law. In the petition, Adalah argued that Israel is obliged at the least to prevent the deterioration of the humanitarian situation by opening the crossing in order to resume the supply of foodstuffs and other basic provisions to the Gaza Strip and its residents.
According to international law Israel continues to occupy the Gaza Strip, even after the “Disengagement Plan,” because it still exercises control over the lives of the residents of Gaza and border points. Therefore the petitioners argued that Israel must guarantee the safety and security of the residents of Gaza under international law. Adalah further emphasized that the closure of Karni Crossing and the non-provision of the residents of Gaza with food and other basic requirements is considered as the collective punishment of civilians.
H.C. 5523/07, Adalah v. The Prime Minister, et al. (pending)